Justice System Flashcards

Under the Canadian Charter of Rights and Freedoms, which section specifically protects individuals from being tried or punished twice for the same offence?

Answer: Section 11(h) (double jeopardy)

Section 11(h) of the Charter guarantees protection against double jeopardy — the principle that no one can be tried or punished twice for the same offence once finally acquitted or convicted. Section 7 protects life, liberty, and security; Section 11(d) covers presumption of innocence; Section 10(b) ensures right to retain counsel.

In Canada's court hierarchy, which court has the exclusive authority to determine whether a federal or provincial law is constitutional?

Answer: Provincial Superior Courts and the Supreme Court of Canada

Both Provincial Superior Courts and the Supreme Court of Canada have jurisdiction to strike down legislation as unconstitutional. The Supreme Court of Canada is the final arbiter, but constitutional questions can first be raised and decided at the Superior Court level and then appealed upward. The Federal Court handles federal administrative law matters, not general constitutional review.

What legal principle allows a judge to stay (halt) criminal proceedings where the Crown's conduct has been so egregious that it would bring the administration of justice into disrepute?

Answer: Abuse of process

The doctrine of abuse of process permits a court to permanently stay proceedings when state or Crown conduct — such as entrapment, destruction of evidence, or unreasonable delay — so undermines the integrity of the justice system that continuing would bring it into disrepute. Res judicata prevents re-litigation of decided matters; mens rea relates to criminal intent; habeas corpus challenges unlawful detention.

Under the Youth Criminal Justice Act (YCJA), at what minimum age can a young person be held criminally responsible in Canada?

Answer: 12 years old

The Youth Criminal Justice Act sets the minimum age of criminal responsibility at 12 years old. Children under 12 cannot be charged with a criminal offence; they may instead be addressed through child welfare systems. Youth aged 12–17 are subject to the YCJA's provisions rather than the adult Criminal Code, with an emphasis on rehabilitation.

Which of the following best describes the role of a grand jury in the Canadian justice system?

Answer: Grand juries were abolished in Canada and no longer exist

Canada abolished grand juries in 1984. Unlike the United States, Canada does not use grand juries to decide whether to bring charges. In Canada, a preliminary inquiry before a judge (or the Crown's direct discretion) determines whether sufficient evidence exists to proceed to trial. This is a common point of confusion given American cultural influence.

When a Canadian court applies the Oakes test, what is it primarily evaluating?

Answer: Whether a law that limits a Charter right is justifiable under Section 1

The Oakes test (from R v Oakes, 1986) is the framework courts use to determine whether a government law or action that infringes a Charter right is nonetheless saved by Section 1 — the 'reasonable limits' clause. The test asks whether the objective is pressing and substantial, and whether the means are proportional (rationally connected, minimally impairing, and proportionate in effect). The other options relate to voluntariness of confessions, sentencing principles, and Section 24(2) exclusion of evidence respectively.